Law Offices of Ben C. Martin LLP v. Sweet, 2008 WL 2045477 (N.D. Tex. Mar. 19, 2008)

Key Insight: Where neutral expert could not testify, based on forensic search of Sweet?s computer, that Sweet or someone at his direction had intentionally destroyed subject email, and it appeared that most of expert?s report went beyond scope of his duties as neutral expert and was irrelevant to any issues in case, magistrate judge recommended that plaintiffs? motion for spoliation sanctions be denied and that certain portions of expert?s report be stricken; Report and Recommendation adopted by district court, 2008 WL 2130574 (N.D. Tex. Apr. 23, 2008)

Nature of Case: Dispute over fee owed to Martin and his firm as a result of settlement and verdict in medical malpractice case

Electronic Data Involved: Email sent by Martin via his Blackberry to Sweet confirming the terms of fee arrangement